USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 49
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ART. XXII. Whatsoever officer or soldier shall shamefully abandon any post committed to his charge, or endeavonr by words to induce others to do the like, in time of engagement, shall suffer death, or such other pun- isliment as a general court-martial shall inflict.
ART. XXIII. No non-commissioned officers or soldiers shall sell, waste, destroy, or embezzle any arnis, ammunition, or other warlike stores, belonging to, and delivered to him for the service of, this State, on pain of being punished, according to the nature of his offence, and of paying the value of the thing so sold or wasted, to be stopped out of his pay, by the sentence of a court-martial, or recovered by action in civil law.
ART. XXIV. Whatsoever officer shall be convicted before a court- martial of beimving in a scandalous, infamous manner, such as is unbe- coming the character of an officer and a gentleman, shall be discharged the service.
ART. XXV. All spies from the enemy, found in any of our camps, garrisons, or forts, or in the neighborhood thereof, either lurking in woods, or among the inhabitants, with or without arms, and who shall be thereof convicted by general conrt-martial, shall suffer death.
ART XXVI. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good or- der, and military discipline, though not mentioned in these articles, are to be punished by courts-martial, according to the nature and degree of the offence.
SECTION II.
ARTICLE I. Whensoever a general court-martial shall be necessary in camp or garrison, and there is no general officer in command there, such court-martial shall be called by the captain general, or in his absence the next officer in command in the State : and no court-martial shall be held in the State, except in camp or garrison, without orders from the captain general : and in necessary cases, courts-martial may be held in any part of the State, when and where the captain general shall direct.
ART. II. Every general court-martial shall consist of thirteen mem- bers, the senior in rank to be the president, who shall not be under the rauk of a field officer.
ART. III. All courts-martial, not general, shall be appointed, and the members named, by the colonel or commanding officer of the regiment or detachment, to which the offender, who is to be tried, belongs.
ART. IV. 'The sentence of any conrt-martial shall not be pat in exe- cution, until the same be approved, and the execution ordered, by him who appointed the said comt : and no sentence for a capital offence shall be put in execution without being first laid before the captain general for the time being, and by him approved of.
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119
LAWS PASSED, OCTOBER, 1780.
ART. V. All members of a court-martial shall behave with decency and calmness; and shall begin with the youngest in rank to give their opinions.
ART. VI. All regimental courts martial shall consist of five members, unless in cases where not more than three can be had-all shall be com- missioned officers.
ART. VII. No field officer shall be tried but by a general court-mar- tial; nor in those cases shall any member be below the degree of a cap- tain.
ART. VIII. No regimental court-martial shall sentence any prisoner to receive a greater punishment than thirty-nine stripes for one offence.
ART. IX. All offenders who are confined, shall have their trial as soon as the nature of the case, and the situation of the service, will admit ; and the crime shall be given in writing before the relieving of the guard.
ART. X. Every officer commanding the guard, when an offender is committed, shall within twenty-four hours, report the prisoner, and the crime he is charged with, to the commanding officer of the post, that speedy justice may be done.
ART. XI. All sutlers, and others, who keep with the troops in service, shall be subject to these rules and regulations.
ART. XII. Any officer who shall make a false return, for the purpose of obtaining more pay, provisions or stores, than his just due, shall, on conviction thereof, be cashiered, and rendered incapable of holding any military commission thereafter in this State ; and shall also be holden to reimburse any money, or other articles drawn by virtue of such false re- turn.
ART. XIII. All members sitting in courts-martial, shall be sworn by the president : and the president shall himself be sworn by the next of- ficer in rank, in said court. The oath to be taken previous to their pro- ceeding to the trial of any offender, in the forin following, viz :
You - swear, that you will well and truly try, and impartially de- termine the cause of the prisoner now to be tried, according to the rules and regulations for the preserving order, good government, and disci- pline, among the militia, and other forces of this State. So help you God.
ART. XIV. All persons called to give evidence in any case before a court-martial, who shall refuse to give evidence, shall be punished for such refusal, at the discretion of such court-martial. The oath to be ad- ministered in the form following, viz :
You swear, the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.
ART. XV. When this State's troops and militia are called to do duty together, the officers in the State's service for any term of time, shall com- mand the militia officers of equal rank ; but a militia officer shall take the command of those officers of inferior rank.
120
LAWS PASSED, OCTOBER, 1780,
AN ACT to libel confiscated Estates.
Whereas, many persons, heretofore possessed of real and personal property in this State, have joined the open enemies of this and the Uni- ted States, and, by their treasonable conduct, have justly forfeited their estates to the good people of this State. To the intent, therefore, that the same may be legally condemned, and appropriated to the use of the people of this State, to enable them vigorously to prosecute the war a- gainst Great Britain, in conjunction with the United States ;
Be it enacted, &c. that the county courts, within their respective counties, be, and they are hereby constituted courts to judge and deter- mine of all forfeitures, that have or may accrue to this State, by reason of any treason, or misprison of treason, against the same, and that in all cases wherein persons have gone, or shall hereafter voluntarily go, from thuis, or any of the United States, and join the open enemy, or commit any overt act of treason against this, or the United States, and shall flee and escape from justice, so that they cannot be proceeded against in due form of law ; that then, and in every such case, it shall be the duty of the sheriff's, select-men, grand-jurors, and all informing officers, to make
due presentment of all real and personal estate of, or belonging to, any person or persons as aforesaid, to the clerk of said court, in the respect- ive county where the estate may be found ; which said clerk, by order of the judge of said court, shall libel each and every article of said estate, in Westminster Gazette, at least twenty-four days before the day of the court's sitting : notifying the time and place of the court's sitting, and requiring all who have any claim or title to said estate, real or personal to bring iu and defend the same against the State. And all tryals of for- feiture shall be by jury ; any law, usage, or custom to the contrary not- withstanding.
Provided nevertheless, that nothing, herein before contained, shall be construed to extend to any goods or estate heretofore condenmed, and appropriated to the benefit of this State by the court of confiscation.
And be it enacted, that it shall be the duty of the State's at- torney, in the respective counties, to prosccute all tryals for forfeiture to final judgment ; and certify all such estates, real or personal, against which judgment shall be rendered to commissioners appointed by the General Assembly to sell the same.
And be it eracted, that the court shall have power to appoint anditors, to hear and examine the claims of the debtors and creditors to or from such estates, as have been, or shall be, adjudged forfeited to the use of this State, as aforesaid ; and certify the balance due from such estates to any person or persons, to the court appointing said auditors ; and shall certify all debts due to said estates, to the State's attorney, (taking his receipt for the same) who is hereby authorised to sue for the same.
421
LAWS PASSED, OCTOBER, 1780.
AN ACT to revive the Laws passed by the Legislature of this State.
Be it enacted, &c. that each and every act and law of this State, (ex- cept those repealed by special act of Assembly) be and remain in full force and virtue, until the rising of the Assembly in October next.
LAWS PASSED AT WINDSOR, FEBRUARY SESSION, 1781.
AN ACT directing County Elections.
Whereas it is highly necessary, that county officers be appointed ac- cording to Constitution, for the better exercising civil government in the respective counties within this State. Therefore,
Be it enacted, &c. that the constables, in the several towns within this State, shall warn all the freemen in their respective towns, to meet at the usual place of holling town-meetings, in their respective towns, on the last Tuesday of March next, at nine of the clock in the morning ; said warning to be given, at least, six days before the day appointed for said meeting ; and the constables shall also warn all the inhabitants in their respective towns, to attend said meeting, in order to qualify themselves for voting in said meeting ; and being so met, the freemen shall proceed in the following manner, viz :
1stly. To choose a moderator to govern said meeting.
2dly. The freemen shall give in their ballot for him whom they would have for their chief judge, for the county court, in the county they re- spectively belong to, with his name fairly written ; which votes shall be sealed up by the moderator of said meeting in the presence of the freemen ; in the like manner the freemen shall proceed to give in their votes, for four assistant judges ; which votes shall be sorted and counted by the moderator and town-clerk in the presence of the freemen, and a list there- of taken in the same manner as set forth in the act for the choice of coun- cillors.
3dly. The freemen shall give in their votes for him whom they would choose for the sheriff of the county to which they belong ; which votes shall be sealed up as above mentioned.
Atly: The freemen shall give in their votes for one judge of probates for each probate district in the county to which they belong; the votes to be sealed up as above.
5thly. That the freemen shall give in their votes for two justices of the peace in cach town wherein is one hundred taxable inhabitants ; and in likemanner for one justice of the peace, in each other town in said coun- ty, wherein are twenty taxable inhabitants ; which votes shall be sorted, counted and sealed up as above directed ; then the moderator shall write
422
LAWS PASSED, FEBRUARY, 1781.
on the outside of the paper wherein the votes are for the chief judge, the . name of the town wherein the said votes are taken, and then add these words,-Votes for the chief judge ; and in like manner for the assistant judges, sheriff, judges of probates, justices of the peace, with the name of the town and probate district for which such officer is intended.
· 6thly. The freemen shall make choice of some meet person to take charge of said votes, who shall be sworn to the faithful discharge of his duty : and the persons so chosen in the county of Bennington, shall meet on the first Tuesday of April next, at the house of Mr. Thomas Butter- field, inn-holder in Arlington ;- in the county of Rutland, at the house of Mr. Solomon Bingham, inn-holder in Tinmouth ;. in the county of Wind- ham, at the house of Mr. Moses Johnson, inn-holder in Putney ;-- in the county of Windsor, at the meeting-house in Windsor ;-- in the county of Orange, at Mr. Stephen M'Camel's, in Moretown : and being so niet, shall proceed, Ist. To choose a moderator to govern said meeting. 2dly. To choose a clerk, to record the doings of said meeting. Then proceed to sort and count the votes for the chief judge of the county court ; and the person found to be highest in nomination, shall be declared chosen : and in like manner proceed to sort and count the votes for all the above mentioned officers, and make declaration as aferesaid. And whenever it shall so happen, that there is no choice, by reason of a tie, the members of said meeting shall determine the choice : and it shall be the duty of the clerk of said meeting, to make return, as soon as may be, of the names of the officers so chosen, to his Excellency the Governor, that they may be commissioned according to Constitution.
And whereas, in the towns of Redding, Cavendish, Andover, Rye- gate, Bethel, Randolph, and Stanford, there is the highest probability of there being the number required for a justice of the peace, in a very short time :
Be it therefore enacted, that there be a justice of the peace chosen for the towns of Redding, Cavendish, Andover, Rye-gate, Bethel, Randolph, and Stanford, in the manner before directed.
AN ACT to settle and establish all Highways that are laid out within this State.
Whereas a great part of the highways within this State have been laid out by the select-men or committees appointed for that purpose, and bills by them have been laid before their respective towns and accepted by them and recorded in the town clerk's office, which bills did not describe the points of compass ; and whereas contentions and animosities have and likely will arise in some towns within this State respecting the legality of such surveys : which to prevent,
Be it enacted, &c. that all highways that have been laid out within any of the towns in this State, either by the select-men, or by a committee ap- pointed for that purpose, who have returned a bill setting forth where such highway began, and the general course of such highway by such
423
LAWS PASSED, FEBRUARY, 1781.
and such monuments, and through such and such lands which are well known by the inhabitants in the town; and accepted by the town, and put upon record in the town clerk's office ; which highway hath been cleared out and repaired by the town, and improved as a public highway for the spare of six months,-shall be deemed a lawful highway ; and whatever person or persons shall fence up, or put any nuisance in such highway without liberty first obtained from the select-men, shall forfeit and pay a fine of fifteen shillings, with all damages occasioned by such nuisance, to be recovered before an assistant or justice of the peace, by bill, plaint or information. Always provided, that the damage be paid to such person or persons through whose land such highways are laid, where no allowance for highways is made ; or where such highways are laid through undivided lands, there shall be no damages allowed.
And be it further enacted, that no highway that shall be laid out for the future, shall be lawful, unless surveyed by the compass : and further, that all roads heretofore laid out that are not surveyed by the compass within two years from the passing this act, shall not be deemed lawful.
AN ACT in alteration of an Act, intitled, An Act concerning Delin- quents.
Be it enacted, &c. that whenever any person shall be prosecuted on the complaint of any informing officer, for any crime committed against this State, and such complaint shall not be supported, the delinquent shall pay cost of prosecution, unless it shall appear to the court before whom the trial shall be had, that there was not sufficient cause for such prosecu- tion, or that the same was had through mistake; and in such case the cost shall be paid as in said act is provided.
AN ACT for the preventing multiplicity of Law-Suits.
Whereas it would prevent a multitude of law-suits, to make one debt, or sum of money due on contract, answer and cancel the like sum due in like manner from the adverse party. Therefore,
Be it enacted, &c. that if any two or more shall be indebted, or shall owe each to the other, any sum or sums of money, by contract, and one of them commence an action against the other, it shall be lawful for such defendant to plead payment of all, or any part of the sum or debt de- manded, giving notice in writing with the said plea, of what he will in- sist upon at the trial, for his discharge ; and the plaintiff, in his reply, if he make any, may give notice in writing, of any other sum or sums of money, which the defendant owed him at the time when he commenced his action, which was not mentioned in the declaration : and at the trial, either party may give any legal contract, or other matter so given notice of, in evidence. And if it shall appear that the defendant hath fully paid or satisfied the sum or sums due to the plaintiff, the court or jury who try
LAWS PASSED, FEBRUARY, 1781.
the issue, shall find for the defendant, and the plaintiff shall pay the cost. But if it appears part only is paid, the plaintiff shall have judgment for what appears unpaid, and the defendant shall pay the cost. But if it ap- pears the plaintiff'is overpaid, then the defendant shall have judgment for the overphis, and the plaintiff shall pay the cost ; execution to issue ac- cordingly ; any law, usage, or custom to the contrary notwithstanding.
AN ACT for quieting disputes concerning landed Property.
Whereas, it is found that two or more charters have been made, in some instances, to different proprietors, of the same tract of land, by one and the same authority ; and it is in dispute which of said charters ought . to hold the fee of said lands.
For the better determining of such disputes,
Be it enacted, &c. that the Governor, Council, and House of Rep- resentatives, shall sit as a court, to hear and finally to determine all disputes between proprietors holding under different charters, made out by one and the same authority : and the manner of process in such case shall be, that the plaintiff'or plaintiffs shall bring his or their writ of right, setting forth the whole matter, against the defendant or defendants, di- rected to the sheriff of the county, in which said land lies, or his deputy, to be served on the defendant or defendants, at least, sixty days before the sitting of said Assembly. And the manner of service shall be by reading the same in the hearing of one or more of the proprietors who are to be defendants in the case, or leave a true and attested copy at his or their usual place of abode, within the aforesaid time : which writ shall be returned to the clerk of said Assembly, on or before the first day of the sessions ; and the said proprietor or proprietors on whom such writ shall be served as aforesaid, shall immediately call a meeting of the pro- prietors of the charter under which he or they hold ; and he or they are hereby empowered to call a meeting, as aforesaid, that they may be in preparation to make their defence. And the plaintiff or plaintifis shall pay for the entry and trial of said action twenty shillings, and cost shall follow the final determination of the suit.
LAWS PASSED AT WINDSOR, APRIL SESSION, 1781.
AN ACT for the purpose of emitting a sum of Money, and directing the redemption of the same.
Whereas, it is found necessary, for the purpose of carrying on the war, and the payment of the public debts of this State, as well as for enlarg
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425
LAWS PASSED, APRIL, 1781.
ing the quantity of circulating medium, to emit a sum adequate to the several necessary purposes, in bills on the credit of this State.
Therefore,
Be it enacted, &c. that there be forthwith printed, under the inspec- tion of Matthew Lyon, Edward Harris, and Ezra Styles, Esquires, a committee for that purpose, bills to the amount of twenty-five thousand, one hundred and fifty-tive pounds lawful money, for the payment of this State's debts, and other public purposes; which bills shall be an equal number of three pounds, forty shillings, twenty shillings, ten shillings, five shillings, two shillings and six-penny, one shilling and three-penny, and one shilling bills : which committee shall be sworn to the faithful discharge of their office, and are impowered to make a device and form for said bills.
And be it further enacted, that said bills, when so printed, shall be, by the aforesaid committee, delivered to the Honorable John Fasset, Eb- enezer Walbridge, and Thomas Porter, Esquires, a committee for sign- ing and numbering said bills : which last said committee shall be sworn to the faithful discharge of their duty, and shall receipt said bills to the aforesaid committee, and shall sign and number said bills, and deliver them to the treasurer, taking his receipt for the aforesaid sum in bills, of twenty-five thousand, one hundred and fifty-five pounds : which bills shall be a lawful tendry for payment on all contracts, executions, &c. as lawful money, according to the face of the bill. And said bills shall be paid up and redeemed by the treasurer of this State, by the first day of June, 1782, in silver, at the rate of six shillings for one Spanish milled dollar, or gold equivalent.
And for the redemption of a part of said bills, it is hereby enacted, that there be, and there is hereby granted a tax of one shilling and three- pence, lawful money, on the pound, on the list of the polls and rateable estates of the inhabitants of this State, to be taken in June next : which tax the first constable of each respective town is hereby impowered to collect, (on receiving a warrant from the treasurer therefor, and the rate- bill from the select-men of such town ; which select-men are hereby di- rected to deliver to such constable, as soon as the list is by law to be con- plete,) by the first day of November next ; and shall be accountable to the treasurer of this State for such tax : which constable shall be allowed the same fees for collecting such tax as is by law allowed for levying and serving executions, in case he have to levy on the goods and chattels of any person for payment of his tax, which lie is impowered to do, in case any person neglect paying their tax within twenty days after a proper warning ; and shall be allowed one pound out of each eighty pounds he collects, and pays to the treasurer :- which tax shall be paid in silver or gold, or in the aforesaid bills.
And whereas the land is the great object of the present war, and receives the most solid protection of any estate; a very large part of which has hitherto paid no part of the great cost arisen in defending it, whilst the blood and treasure of the inhabitants of the State has been spent to protect it, who, many of them, owned but a very small part thereof :
F 3
£
426
LAWS PASSED, APRIL, 1781.
Wherefore, for the redemption of the remaining part of said bills, and the lodging a sum of money in the treasury, -
Be it enacted, that there be, and there is hereby granted and laid, a tax of ten shillings on each hundred acres of land within this State, which will now admit of settlement on account of the war, except public rights, and the college lands; which tax shall be paid into the treasury of this State, in silver, at the rate of six shillings per Spanish milled dollar, or gold equivalent, or in said bills.
And the publication of this part of this act in the Vermont Gazette, the New- Hampshire Gazette, one of the Boston news-papers, the Con- necticut Courant, and the Massachusetts Spy, three weeks successively, as soon as may be, and the treasurer calling on the land-holders to pay their tax, agreeable to this act, in the said news-papeis, once in the month of November next, and once in the month of December next, shall be sufficient notification to all persons concerned.
[Here follow sundry provisions, regulating the collection of the land tax, which we have thought proper to omit. The act closes with the following clause.]
Be it further enacted, that whosoever shall be guilty of altering of counterfeiting any of said bills, or shall be any ways concerned therein, by making instruments for that purpose, or be any ways aiding or assist- ing therein, and be thereof convicted, shall suffer death ; any law, usage, or custom to the contrary notwithstanding.
AN ACT to impower the courts in this State to take cognizance of, and try, the Title of Land in dispute, between George Duncan and Will- iam Utley.
Whereas, George Duncan, of Londonderry in the county of Rocking- ham, and State of New-Hampshire, in February last, did prefer a petition to this House, setting forth that he had purchased of William Utley, late of Walpole, in the county of Cheshire, a certain tract of land lying in, or near the town of Bromley, known by the name of the Utley Farm ; and that the said Utley did unjustly hold him out of the possession thereof; and praying this House to grant him relief in the premises. And whereas the committee appointed by this House, to examine into the circumstan- ces of the said dispute, have reported as their opinion that this House pass an att authorising the courts of law to try the title of the said tract of land in dispute. Therefore,
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